MANAGING DIRECTOR, RSRTC Vs. MOHAN SINGH BAGHALA

JUDGEMENT

(1.) With the consent of the parties, writ petition is heard finally.

(2.) By this petition, a challenge is made to the order dated 23rd July, 2009 so as the award dated 9th Jan., 2015.

(3.) It is a case where a complaint was filed by the respondent employee by invoking Sec. 33A of the Industrial Dispute Act, 1947 (in short "the Act of 1947"). The petitioner herein raised objections about maintainability of the complaint. The objections aforesaid were decided by the order dated 23rd July, 2009. The complaint under Sec. 33A of the Act of 1947 was held maintainable on the ground that general reference bearing No. 102/01 is pending before the Industrial Tribunal and the respondent employee is concerned workman to the dispute. The termination of service cannot be given effect unless application for approval under Sec. 33(2)(b) of the Act of 1947 is filed simultaneously.